المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 11

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,126 available principles

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  1. تقادم دعوى ضمان العيب الخفي وفوات الوصف

    Principle 2157The seller’s warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them. It allocated to the latter a special provision making the contract the basisCivil Matters — Volume 11 · Source page ٤١٧
  2. Principle 2158An action on the warranty against defects. Its limitation period. One year from the date of delivery of the thing sold. The buyer's knowledge of the defect after its expiry. Has no effect, unless otherwise agreed or the Civil Matters — Volume 11 · Source page ٤١٧

  3. تقادم دعوى المطالبة بأتعاب المحامي

    Principle 2159The seller’s warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them. It devoted a special provision to the latter, making the contract the basis Civil Matters — Volume 11 · Source page ٤١٧
  4. Principle 2160Lawyer's fees. Time-barred after five years from completion of his work if there is no instrument evidencing them and he refrains from claiming them. The basis is the presumption of payment and avoiding burdening a partyCivil Matters — Volume 11 · Source page ٤١٧

  5. تقادم مدفوعات الحساب الجاري

    Principle 2161A lawyer's right to claim fees from his client in the absence of a document evidencing them. Becomes time-barred after 5 years from the date of completion of the work performed by the lawyer. Article 34 of Law 42 of 1964Civil Matters — Volume 11 · Source page ٤١٨
  6. Principle 2162The current-account balance debt is not subject to the limitation that governed it before its entry into the account. It is subject to the ordinary limitation prescribed for the balance arising from the current-account cCivil Matters — Volume 11 · Source page ٤١٨
  7. Principle 2163Payments entered in the current account. Their merger into an indivisible whole giving rise to a single debt, namely the balance debt. Its effect. This debt is not subject to the prescription that governed it before entrCivil Matters — Volume 11 · Source page ٤١٨
  8. Principle 2164Payments entered in a current account. Lose their characteristics and individuality and merge into an indivisible whole. Reason therefor. In application of the principle of the cohesion and indivisibility of the current Civil Matters — Volume 11 · Source page ٤١٨
  9. Principle 2165A debt entered in a current account is not subject to the prescription governing it before its entry in the current account, but is subject to the prescription prescribed for the balance. The challenged judgment's contraCivil Matters — Volume 11 · Source page ٤١٩

  10. تقادم دعوى الفسخ بسبب العجز أو الزيادة في المبيع أو إخلال البائع بالتزامه

    Principle 2166An action concerning a current account. It is time-barred upon the passage of five years from the date of its closure. Limitation of an action for rescission due to a deficiency or excess in the thing sold or the seller’Civil Matters — Volume 11 · Source page ٤١٩
  11. Principle 2167An action for rescission of a sale. It is time-barred after fifteen years. - Rescission of the sale contract. Its implication and effect. The price remaining in the seller’s hands becomes an ordinary debt, the right to rCivil Matters — Volume 11 · Source page ٤١٩
  12. Principle 2168An action for rescission because of a deficiency or excess in the thing sold. Its lapse upon the passage of 1 year from delivery. Other rescission actions because of a contracting party's breach of his obligations arisinCivil Matters — Volume 11 · Source page ٤١٩

  13. تقادم أمر المنع من السفر

    Principle 2169The seller’s failure to perform his contractual obligation to transfer ownership of the immovable property sold to the purchaser where he does not own it or a part thereof. A breach of a contractual obligation. Its effecCivil Matters — Volume 11 · Source page ٤١٩

  14. تقادم دعوى الإرث

    Principle 2170Travel ban order. Its lapse upon extinction of the obligation for any reason. The passage of three years since the last valid measure for enforcement of the final judgment for the debt without the creditor who obtained tCivil Matters — Volume 11 · Source page ٤٢٠

  15. تقادم دعوى الفضالة

    Principle 2171An inheritance action. Its nature and the lapse of the right thereto. Its difference from a dispute concerning ownership of property acquired by inheritance with respect to the limitation period. An example. PrescriptionCivil Matters — Volume 11 · Source page ٤٢١

  16. تقادم الحقوق الدورية المتجددة

    Principle 2172An action for management of another's affairs without mandate. It is barred upon the lapse of three years from the day of knowledge of the arising of the right, or fifteen years from the day on which it arises. Article 2Civil Matters — Volume 11 · Source page ٤٢١
  17. Principle 2173If the right claimed is recurring, the effect of the three-year prescription provided for in Article 195 of the Commerce Law No. 2/1961 is confined solely to extinguishing the entitlement due for the period preceding theCivil Matters — Volume 11 · Source page ٤٢١
  18. Principle 2174Recurring periodic rights. They become time-barred upon the lapse of five years. Example: concerning rent for the use of a warehouse.Civil Matters — Volume 11 · Source page ٤٢١

  19. - التقادم الطويل

    Principle 2175Ascertaining the event from which prescription begins. For the trial judge. Condition therefor. - An action claiming a periodic recurring right. The period barring its hearing. Five years. The governing criterion. The obCivil Matters — Volume 11 · Source page ٤٢١
  20. Principle 2176Facts leading to acquisition of ownership by long prescription. Their assessment. A matter of fact, provided it is reasonable.Civil Matters — Volume 11 · Source page ٤٢٢
  21. Principle 2177Assessment of the evidence and facts leading to acquisition of ownership of immovable property by the long period. A matter independently determined by the trial court, provided that it is reasonable.Civil Matters — Volume 11 · Source page ٤٢٢
  22. Principle 2178An action concerning a private road. The period required to bar its hearing. Varies according to the road that is the subject of the claim and whether it lies on land privately owned by individuals or on state land. 15 yCivil Matters — Volume 11 · Source page ٤٢٢
  23. Principle 2179Possession is a material fact capable of proof by all means of evidence. The decisive consideration therein. What does not deprive it of its peaceful character, interrupt prescription, or affect physical possession.Civil Matters — Volume 11 · Source page ٤٢٢
  24. Principle 2180Possession under the Majalla of Judicial Provisions is not considered a ground for acquiring ownership by prescription. Rationale therefor. Its continuation for 15 years, peacefully and openly, with the intention of owneCivil Matters — Volume 11 · Source page ٤٢٢
  25. Principle 2181The rescission action that lapses upon the passage of 1 year from delivery is that arising from a deficiency or excess in the thing sold. As for an action for rescission for breach of an obligation by either contracting Civil Matters — Volume 11 · Source page ٤٢٢
  26. Principle 2182Payment of sums to a scholarship recipient in his capacity as a member of a scholarship mission. Their remaining in his possession without a basis after issuance of a decision withdrawing his scholarship. The limitation Civil Matters — Volume 11 · Source page ٤٢٢
  27. Principle 2183Use of privately owned land as a thoroughfare is insufficient to consider it dedicated to public benefit. What is required for that purpose. Continued use as a thoroughfare for the period necessary to acquire ownership bCivil Matters — Volume 11 · Source page ٤٢٣
  28. Principle 2184The State's acquisition of ownership of privately owned land through use as a thoroughfare. The condition that use as a thoroughfare continue for the long prescription period.Civil Matters — Volume 11 · Source page ٤٢٣
  29. Principle 2185An action for rendition of an account becomes time-barred upon the lapse of 15 years from the time the agency activities end.Civil Matters — Volume 11 · Source page ٤٢٣
  30. Principle 2186Payments entered in a current account. Their conversion into mere items or entries. The effect thereof. Their merger into an indivisible whole giving rise to the balance debt. - A debt entered in a current account is notCivil Matters — Volume 11 · Source page ٤٢٣
  31. Principle 2187Limitation of the rights of members of the liberal professions, including brokers. Its period. 5 years. The basis of this limitation. Presumption of payment. - The broker's obtaining from the contracting party, after comCivil Matters — Volume 11 · Source page ٤٢٣
  32. Principle 2188A void contract is not validated by the passage of time. - An action for nullity. Its lapse period. Fifteen years from the date of the contract.Civil Matters — Volume 11 · Source page ٤٢٣
  33. Principle 2190Possession for the long period, with its material and intentional elements. Proof thereof. Permissible by all means of proof, including presumptions.Civil Matters — Volume 11 · Source page ٤٢٤
  34. Principle 2191Possession of immovable property. Its nature. - Assessment of the evidence in the action and the facts leading to acquisition of ownership by the lapse of the long period. A matter of fact within the independent authoritCivil Matters — Volume 11 · Source page ٤٢٤
  35. Principle 2192Entry of the debt into the current account. Its effect. - The current account absorbs all rights entered therein so that they become individual entries, without entirely severing their connection with their source, and dCivil Matters — Volume 11 · Source page ٤٢٤
  36. Principle 2193Compensation for an administrative decision contrary to law. Its nature. It is not considered a salary but rather an obligation for an amount assessed by the court as a lump sum and does not possess the character of periCivil Matters — Volume 11 · Source page ٤٢٤
  37. Principle 2195Merchants' obligations relating to their commercial activities. Become time-barred upon the lapse of ten years from the date performance of the obligation falls due. - Ordinary prescription applies to acts lacking commerCivil Matters — Volume 11 · Source page ٤٢٤
  38. Principle 2196The plea that an action may not be heard owing to lapse of time. Applies to an ownership action where the owner has abandoned it for fifteen years while grounds for it exist, consisting of another taking possession of thCivil Matters — Volume 11 · Source page ٤٢٤
  39. Principle 2197Possession of real property and appearing in relation to it as its owner for fifteen years constitutes a Sharia and legal presumption of the possessor's ownership. He may add the period of his possession to that of his pCivil Matters — Volume 11 · Source page ٤٢٥
  40. Principle 2198An action concerning ownership and real property. May not be heard if left unpursued for fifteen years. - Leaving the property. Its meaning. Leaving it while another usurps and encroaches upon it and denies its owner's rCivil Matters — Volume 11 · Source page ٤٢٥
  41. Principle 2199An allegation that there is a road on the land. It is not evidence of State ownership of the land or of its classification as public property. Continuation of such passage for the period required to acquire ownership by Civil Matters — Volume 11 · Source page ٤٢٥
  42. Principle 2200Extinctive limitation of an unjust enrichment action. Commencement of its running in the event of nullity of the contract. From the day of the final judgment declaring it. The judgment’s departure therefrom. It vitiates Civil Matters — Volume 11 · Source page ٤٢٥
  43. Principle 2201The limitation period for blood money and its portions. Fifteen years. The exception. The State's guarantee. It is subject to three-year limitation. A claim for compensation exceeding blood money and its portions. It is Civil Matters — Volume 11 · Source page ٤٢٥
  44. Principle 2202The limitation period for blood money and portions thereof. 15 years. Exception. The State's guarantee: its period of lapse is 3 years.Civil Matters — Volume 11 · Source page ٤٢٦
  45. Principle 2203Loss of life is among the matters for which full blood money is due. A claim for it shall not be heard after the lapse of 15 years. The judgment's reaching that conclusion. Correct.Civil Matters — Volume 11 · Source page
  46. Principle 2204Issuance of a decision expropriating real property for public benefit. Its implication. The property enters the State’s public domain and is removed from the sphere of dealings. The persons concerned have no right over iCivil Matters — Volume 11 · Source page
  47. Principle 2205An action for rescission of a sale: its prescription. Upon the lapse of fifteen years. - Rescission of the sale contract. Its implication and effect. The price remaining in the seller's possession becomes an ordinary debCivil Matters — Volume 11 · Source page
  48. Principle 2206Provisions prescribing limitation periods for certain rights. Must be interpreted narrowly and apply only to the cases specifically included in them. Matters outside them are governed by the general rule prescribed in ArCivil Matters — Volume 11 · Source page
  49. Principle 2207The right to annul a contract. Lapses if its holder does not invoke it within three years from the time its cause ceases, unless the law provides otherwise, and upon the lapse of fifteen years from the date of its concluCivil Matters — Volume 11 · Source page
  50. Principle 2208Issuance of a final judgment establishing the right. It is time-barred upon the expiry of 15 years from issuance of that judgment. Article 450 of the Civil Code. An example.Civil Matters — Volume 11 · Source page
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